Home/Appellate Division of the Supreme Court of New York/People v. Kirton

People v. Kirton

157 A.D.2d 671, 550 N.Y.S.2d 849, 1990 N.Y. App. Div. LEXIS 276
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 8, 1990
StatusPublished

This text of 157 A.D.2d 671 (People v. Kirton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Kirton, 157 A.D.2d 671, 550 N.Y.S.2d 849, 1990 N.Y. App. Div. LEXIS 276 (N.Y. Ct. App. 1990).

Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered July 2, 1985, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the testimony of two detectives constituted improper bolstering (see, People v Trowbridge, 305 NY 471) was not preserved for appellate review (see, CPL 470.05 [2]; People v Ray, 127 AD2d 859; People v Merritt, 117 AD2d 629). In any event, in view of the overwhelming evidence of guilt, including clear and strong proof of the defendant’s identity as the perpetrator, the error, if any, was harmless (see, People v Johnson, 57 NY2d 969, 970; People v Mobley, 56 NY2d 584, 585; People v Ray, supra; People v Merritt, supra).

We find that defendant’s contentions with respect to the prosecutor’s summation are either unpreserved for appellate review or are without merit (see, CPL 470.05 [2]; People v Nuccie, 57 NY2d 818; People v Crimmins, 36 NY2d 230; People v Paul, 116 AD2d 746).

[672]*672Under the circumstances, the defendant’s sentence was appropriate (see, People v Suitte, 90 AD2d 80). Lawrence, J. P., Kunzeman, Eiber and Harwood, JJ., concur.

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Related

People v. Johnson
443 N.E.2d 478 (New York Court of Appeals, 1982)
People v. Trowbridge
113 N.E.2d 841 (New York Court of Appeals, 1953)
People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Mobley
435 N.E.2d 672 (New York Court of Appeals, 1982)
People v. Nuccie
441 N.E.2d 1111 (New York Court of Appeals, 1982)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Paul
116 A.D.2d 746 (Appellate Division of the Supreme Court of New York, 1986)
People v. Merritt
117 A.D.2d 629 (Appellate Division of the Supreme Court of New York, 1986)
People v. Ray
127 A.D.2d 859 (Appellate Division of the Supreme Court of New York, 1987)

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Bluebook (online)
157 A.D.2d 671, 550 N.Y.S.2d 849, 1990 N.Y. App. Div. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kirton-nyappdiv-1990.